Mark E. McKinnon Mark.McKinnon@dentons.com

D 703.336.8708

Dentons US LLP

1676 International Drive • Penthouse

McLean, VA 22102

United States

T 703.336.8800

F 703.336.8750

Salans FMC SNR Denton

McKenna Long

dentons.com

December 7, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington DC 20590

Re: Petition of University of South Alabama for Grant of Exemption Pursuant to 

Section 333 of the FAA Modernization and Reform Act of 2012

To Whom it May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (Reform 

Act) and 14 C.F.R. Part 11, University of South Alabama (hereinafter USA) hereby applies for a 

Grant of Exemption from the Federal Aviation Regulations (FARs) identified below, to operate 

small unmanned aerial vehicles (i.e., small unmanned aircraft systems or UAS) for the purpose 

of conducting aerial data collection in support of its educational and research activities. In 

particular, USA seeks permission to operate the 3D Robotics Iris, 3D Robotics Iris+, 3D 

Robotics Aero, DJI Phantom I, Phantom II, Phantom II Vision+, DJI Phantom 3, Yuneec 

Typhoon Q500+, Typhoon Q500 4K, and the Horizon Hobby Apprentice S15e RTF. USA

respectfully submits that this Petition for Exemption qualifies for expedited approval, as the 

Federal Aviation Administration (FAA) has previously issued grants of exemption in 

circumstances similar in all material respects to those presented herein. 

In addition to this Petition for Exemption, USA will also submit the following operating 

documents under separate cover:

 USA Operations Manual 

USA submits this manual as a confidential documents under separate cover pursuant to 

14 C.F.R. § 11.35(b), as the manual contains confidential commercial and proprietary 

information that is not generally made available to the public. As a result, the information is also 

protected from release under the Freedom of Information Act, 5 U.S.C. § 552 et seq.

For your convenience, this Petition is organized as follows:
 

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TABLE OF CONTENTS

Page

I. BACKGROUND & DESCRIPTION OF PETITIONER ....................................................................3

II. DESCRIPTION OF PROPOSED OPERATION...............................................................................4

III. RELEVANT STATUTORY AUTHORITY ....................................................................................5

IV. USA'S PROPOSED UAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 333 OF 

THE REFORM ACT .................................................................................................................5

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and 

Operational Capability.............................................................................................5

B. Approval is Warranted Based on the Operational Restrictions in USA's

Operating Documents ..............................................................................................7

V. REGULATIONS FROM WHICH EXEMPTION IS SOUGHT...........................................................7

A. 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification 

Requirements ...........................................................................................................8

B. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): 

Maintenance Inspections..........................................................................................9

C. 61.23(a) and (c), 61.113, 61.101(e)(4) and (5), 61.315: Private, 

Recreational and Sport Pilot Medical Certificate, Privileges and 

Limitations.............................................................................................................10

D. 91.7(a): Civil Aircraft Airworthiness.....................................................................10

E. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 91.203(a) and 

(b): Carrying Civil Aircraft Certification and Registration ...................................11

F. 91.103: Preflight Action.........................................................................................12

G. 91.109(a): Flight Instruction ..................................................................................12

H. 91.119(c): Minimum Safe Altitudes Over Other Than Congested Areas..............13

I. 91.121: Altimeter Settings.....................................................................................13

J. 91.151(a): Fuel Requirements for Flight in VFR Conditions................................14

VI. DRUG AND ALCOHOL PROGRAM.........................................................................................15

VII. PUBLIC INTEREST................................................................................................................15

VIII. PRIVACY .............................................................................................................................15

IX. FEDERAL REGISTER SUMMARY...........................................................................................15
 

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X. CONCLUSION.......................................................................................................................16

I. BACKGROUND & DESCRIPTION OF PETITIONER

Since its founding in 1963, the University of South Alabama has offered a superb, wellrounded educational experience with high academic standards. USA’s fields of concentration are 

remarkably diverse, encompassing business, the liberal arts, education, engineering, computing, 

the sciences and health care.

USA’s commitment to student success includes small class sizes and hands-on research 

opportunities in 100 undergraduate, graduate and doctoral degree programs. The undergraduate 

honors program for highly motivated and accomplished students includes course work and 

extracurricular activities throughout the four years of a student's undergraduate career.

In health care, USA provides students with an exceptional medical education through the 

colleges of Medicine, Nursing and Allied Health Professions. At the same time, the USA Health 

System serves the region with advanced and innovative care through the USA Physicians Group, 

USA Medical Center, USA Children’s & Women’s Hospital and the USA Mitchell Cancer 

Institute.

USA annually enrolls more than 16,000 students and has awarded 80,000 degrees in its 

52-year history. The University’s Mitchell-Moulton Scholarship Initiative, a $25-million 

matching challenge, is strengthening USA’s commitment to expanding opportunities for current 

and future students.

USA is always seeking new and innovative ways to bolster its research programs. 

Unmanned aircraft have significant potential, as both a vehicle for and a subject of University 

research, education, and outreach, to advance this goal. For this reason, USA seeks an 

exemption to use unmanned aircraft systems for aerial data collection in support of its education, 

research, and community outreach programs.

In accordance with 14 C.F.R. § 11.81(a), USA provides the following information in support 

of its Petition for Exemption. 

The contact information for Petitioner is as follows:

Kristin Daniels Dukes

Associate University Attorney

AD 140

307 University Blvd., North

Mobile, Alabama 36688-0002
 

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II. DESCRIPTION OF PROPOSED OPERATION

USA seeks an exemption pursuant to Section 333 of the Reform Act to use a number of 

different unmanned aircraft for aerial data collection in support of a broad range of education, 

research and public outreach programs. By way of example, education, research and public 

outreach programs supported by the proposed UAS operations, include, but are not limited to: 

aerial surveying and remote sensing, wildlife and forestry management, precision agriculture, 

environmental/ecological monitoring activities, biological studies, natural resource 

conservation/exploration efforts, utility infrastructure inspection and monitoring, climate and 

atmospheric monitoring, geographical mapping applications, photogrammetry, aerial 

photography and videography. Aerial data collected by Petitioner's UAS would also be used to 

promote and market USA, as well as support student recreational and sport activities. 

All of the UAS platforms USA intends to use have already been approved by the FAA in 

previously granted exemptions, or otherwise exhibit the same characteristics in terms of their 

weight, speed and operational capabilities which meet the requirements of Section 333 of the 

Reform Act. 

USA is committed to maintaining the highest standards of flight safety and will ensure 

that the proposed operations are conducted safely. All UAS operations will be performed in 

accordance with the accompanying USA operating documents, and in accordance with the 

requirements of an applicable COA. Among other things, and as detailed in the operating 

documents, all UAS operations will occur in uncontrolled airspace, unless specific authorization 

is granted by the FAA or applicable authorities, within visual line-of-sight (VLOS) of the pilot 

and visual observer, and will be limited to daytime Visual Flight Rules (VFR) conditions. 

Moreover, USA's operating documents incorporate redundant safeguards to enhance safety.

The proposed operations in this Petition for Exemption are not new or novel to the 

FAA. The FAA has previously issued grants of exemption to use small UAS for aerial data 

collection in support of similar educational and research activities, including:

• Exemption No. 11304 to Auburn University Aviation Center to conduct training 

courses to instruct students in the operation of unmanned aircraft and their associated systems. 

(Docket No. FAA-2014-1014); and

The low-risk UAS operations proposed by USA in this Petition for Exemption fall 

squarely within the category of aerial data collection that has been subject to previous approval. 
 

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III. RELEVANT STATUTORY AUTHORITY

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the 

Reform Act. Congress has directed the FAA "to safely accelerate the integration of civil 

unmanned aircraft systems into the national airspace system." Pursuant to Section 333 of the 

Reform Act, the FAA Administrator is to permit unmanned aircraft systems to operate in the 

NAS where it is safe to do so based on the following considerations:

 The UAS's size, weight, speed and operational capability;

 Operation of the UAS in close proximity to airports and populated areas; and

 Operation of the UAS within the visual line of sight of the operator.

Additionally, the FAA Administrator has general authority to grant exemptions from the 

agency's safety regulations and minimum standards when the Administrator decides a requested 

exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the authority of the 

Administrator); 49 U.S.C. § 44701(f) (permitting exemptions from §§ 44701(a), (b) and 

§§ 44702 – 44716, et seq.). A party requesting an exemption must explain the reasons why the 

exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety (or 

how it would provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81 

(petitions for exemption).

IV. USA'S PROPOSED UAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 333 OF 

THE REFORM ACT

USA's proposed operations in this Petition for Exemption qualify for expedited approval 

under Section 333 of the Reform Act, as each of the statutory criteria and relevant factors are 

satisfied and the FAA has previously issued grants of exemption in circumstances similar to 

those presented in this Petition for Exemption.

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and 

Operational Capability 

The FAA is familiar with and has already determined that these vehicles meet the 

requirements of Section 333 of the Reform Act due to their weight, speed and operational 

capabilities: 3D Robotics Iris, 3D Robotics Iris+, 3D Robotics Aero, DJI Phantom I, Phantom II,

DJI Phantom II Vision+, DJI Phantom 3, Yuneec Typhoon Q500+, Typhoon Q500 4K. See e.g.,

• 3D Robotics Iris: Exemption No. 11521 to SkyWard IO, Inc.
 

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• 3D Robotics Iris+: Exemption No. 11273 to AIG PC Global Services, Inc.; 

Exemption No. 1141 to Douglas R. Dorrer; and Exemption No. 11204 to Build 

Imagery, LLC;

• 3D Robotics Aero: Exemption No. 13208 to Aeroworks Productions, LLC;

• DJI Phantom I: Exemption No. 13315 to Image Engineering Photography;

• DJI Phantom 2: Exemption 12018 to Airsight Global LLC;

• DJI Phantom 2 Vision+: Exemption No. 11224 to NextEra Energy, Inc.; 

Exemption No. 11230 to Montico, Inc.; Exemption No. 11228 to Steven Zeets ; 

Exemption No. 11218 to Saratoga Aerial Vehicle; and Exemption No. 11215 to 

Mike Johnson;

• DJI Phantom 3: Exemption No. 11783 to Precision Design and Drafting, Inc.; 

Exemption No. 11788 to Birds Eye Aerial Photography, Inc.; Exemption No. 

11696 to Midwest UAV Imagining; Exemption No. 11335A to Voler, Inc.; 

Exemption No. 11267A to ETAK Systems, Inc.; Exemption No. 11306A to Hawk 

Aerial, LLC;

• Yuneec Typhoon Q500+, Exemption No. 13362 to Eagle Eye UAS LLC;

• Yuneec Typhoon Q500+ 4k, Exemption No. 13217 to Valley Aerial Imaging 

LLC.

The Horizon Hobby Apprentice S15e RTF is similarly suited to the requirements of the 

Reform Act. It is a fixed wing unmanned aircraft with a weight of three pounds.1 In addition, 

the vehicle employs a revolutionary Sensor Assisted Flight Envelope (SAFE) system which 

helps the operator maintain stable flight, as well as assist in take-off and landing. The UAS also 

has a number of redundant safety features, such as a low voltage warning to tell the operator to 

land the aircraft, control surface diagnostic systems, and a "buddy box" for operator training. 

Moreover, the wings and fuselage are made out of Z-Foam, greatly reducing the risk of injury or 

damage from any impact. As a result, the FAA should grant the requested exemption as the 

Apprentice meets the requirements of the Reform act due to its weight, size, speed, and 

additional features that enable it to fly safely under the operational conditions and restrictions 

imposed in the University's UAS Operations Manual. 

 

1

The Apprentice User's Manual can be found at the following link: http://www.horizonhobby.com/pdf/EFL3100-

Manual_EN.pdf
 

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B. Approval is Warranted Based on the Operational Restrictions in USA's

Operating Documents 

The operating documents for the selected UAS contain all the procedures and limitations 

necessary to safely and successfully perform the proposed operations. To expedite the FAA's safety 

assessment of USA's proposed UAS operations, USA has tailored its operating documents to comply 

with the conditions and limitations imposed on similarly situated petitioners seeking to use small 

UAS for aerial data collection. See e.g., Grant of Exemption No. 11761 issued to Dronair Solutions, 

Docket No. FAA-2015-0648. In particular, the operating documents contain systems and procedures 

to permit USA to comply with the conditions and limitations in the FAA's Grant of Exemption. Id. 

V. REGULATIONS FROM WHICH EXEMPTION IS SOUGHT

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. 

This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined 

under § 40101 of the Act, including UAS, from its safety regulations and minimum standards 

when the Administrator decides a requested exemption is in the public interest.2

USA seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 45, 61 

and 91 for purposes of conducting the requested operations using small UAS, including:

FAR Description

91.9(c); 45.23(b) and 

45.27(a)

Aircraft Marking and Identification Requirements

91.405(a); 91.407(a)(1); 

91.409(a)(1) and (2); 

91.417(a) and (b) 

Maintenance and Inspection Requirements

61.23(a) and (c); 61.113; 

61.101(e)(4) and (5); 61.315

Private, Recreational and Sport Pilot Medical Certificate

Privileges and Limitations

91.7(a) Civil Aircraft Airworthiness

91.9(b)(2); 91.203(a) and Carrying Aircraft Flight Manual, Certification and Registration in 

 

2

See 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirements of regulations prescribed 

pursuant to Sections 44701(a) and (b) and Sections 44702 - 44716).
 

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(b) the Aircraft 

91.103 Preflight Action

91.109(a) Flight Instruction

91.119(c) Minimum Safe Altitudes Over Other than Congested Areas

91.121 Altimeter Settings

91.151(a) Fuel Requirements for Flight in VFR Conditions 

Listed below are the specific sections of 14 C.F.R. for which an exemption is sought, and 

the operating procedures and safeguards that Petitioner has established which will ensure a level 

of safety better than or equal to the rules from which exemption is sought.3

A. 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification 

Requirements

USA seeks an exemption from the aircraft marking and identification requirements contained 

in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

● 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard Requirements, 

provides that:

No person may operate a U.S.-registered civil aircraft unless that aircraft is identified 

in accordance with Part 45 of this chapter.

● 14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

When marks include only the Roman capital letter "N" and the registration number is 

displayed on limited, restricted or light-sport category aircraft or experimental or 

provisionally certificated aircraft, the operator must also display on that aircraft near each 

entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more 

than 6 inches high, the words "limited," "restricted," "light-sport, "experimental," or 

"provisional," as applicable.

● 14 C.F.R. § 45.27(a), Rotorcraft, states:

 

3

See 14 C.F.R. § 11.81(e), which requires a petition for exemption to include:

The reasons why granting the exemption would not adversely affect safety, or how the exemption would 

provide a level of safety at least equal to that provided by the rule from which you seek exemption.
 

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Each operator of a rotorcraft must display on that rotorcraft horizontally on both 

surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23.

In prior grants of exemption under Section 333 of the Reform Act, the FAA determined 

that exemption from these requirements was warranted provided that the aircraft "have 

identification (N-Number) markings in accordance with 14 C.F.R Part 45, Subpart C if the 

markings are as large as practicable."4 All UAS flown by USA will bear N-number markings that 

are as large as practicable in accordance with 14 C.F.R. Part 45, Subpart C.5 

B. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance 

Inspections

USA seeks an exemption from the maintenance inspection requirements contained in 14 

C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b). These regulations 

specify maintenance and inspection standards in reference to 14 C.F.R. Part 43.6 An exemption 

from these regulations is needed because Part 43 and these sections only apply to aircraft with an 

airworthiness certificate, which the UAS to be operated under this grant of exemption will not 

have. 

An equivalent level of safety will be achieved because maintenance and inspections will 

be performed in accordance with the operating documents and any required manufacturer Safety 

or Service Bulletins. Further, as required by the operating documents, the Pilot in Command 

(PIC) will conduct a pre-flight inspection of the UAS and all associated equipment to account for

all discrepancies and/or inoperable components. Maintenance will be performed and verified to 

address any conditions potentially affecting safe operation of the UAS and no flights will occur 

unless, and until, all flight critical components of the UAS have been found to be airworthy and 

in a condition safe for operation. A functional test flight will be conducted following the 

replacement of any flight-critical components. As required by the operating documents, the PIC 

who conducts the functional test flight will make an entry in the UAS aircraft records of the 

flight. 

The operating documents also include requirements to follow the UAS manufacturer’s 

maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and 

aircraft components. Moreover, the operating documents also include procedures to document 

and maintain a record of the UAS maintenance, preventative maintenance, alterations, status of 

replacement/overhaul component parts, and the total time in service of Petitioner's UAS. As a 

 

4

FAA Docket No. FAA-2014-0352.

5

See, e.g., FAA Docket No. FAA-2014-0352, at 14. 

6

See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the aircraft 

inspected as prescribed in subpart E of this part and shall between required inspections ...have discrepancies 

repaired as prescribed in part 43 of this chapter.").
 

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whole, the maintenance and inspection procedures required by Petitioner's operating documents 

ensure that an equivalent or higher level of safety will be achieved.

C. 61.23(a) and (c), 61.113, 61.101(e)(4) and (5), 61.315: Private, Recreational 

and Sport Pilot Medical Certificate, Privileges and Limitations

USA seeks exemption from these sections, which restricts private, recreational or sport 

pilot certificate holders from flying aircraft for compensation or hire, and would also require a 

Class II Medical Certificate. The purpose of Part 61 is to ensure that the skill and competency of 

any PIC matches the airspace in which the PIC will be operating, as well as requiring 

certifications if the private pilot is carrying passengers or cargo for hire. In this case, while the 

UAS will not be operated as public aircraft it carries neither passengers nor cargo. 

In the Grant of Exemption No. 11062 to Astraeus Aerial7, the FAA determined that the 

unique characteristics of UAS operation outside of controlled airspace did not warrant the 

additional cost and restrictions attendant with requiring the PIC to have a Commercial Pilot 

Certificate and Class II Medical Certificate. The fulfillment of the additional requirements for a 

private pilot to become qualified as a commercial pilot would not lead to any additional safety 

benefits when UAS operations are involved. 

More recently, the FAA determined that holders of recreational and sport pilot 

certificates would also have adequate aeronautical knowledge to pilot a UAS. Accordingly, 

because these individuals would also be subject to security screening by the Department of 

Homeland Security (DHS), the FAA determined that holders of recreational and sport pilot 

certificates would be qualified to serve as the PIC for UAS operations.8 

D. 91.7(a): Civil Aircraft Airworthiness

Inasmuch as there will be no airworthiness certificate issued for the UAS, USA seeks an 

exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in an airworthy 

condition to be operated. While Petitioner’s UAS will not have an airworthiness certificate, the 

FAA has determined that for the purposes of this exemption the pilot may determine the aircraft 

is in an airworthy condition prior to flight. The operating documents contain procedures, which 

allow the PIC to determine whether the aircraft is in a condition safe for flight, and an exemption 

from § 91.7(a) is therefore warranted. 

 

7

FAA Docket No. FAA-2014-0352.

8

See Grant of Exemption No. 11213 to Aeryon Labs, Inc. (Docket No. FAA-2014-0642 at pgs. 8-9).
 

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E. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 91.203(a) and 

(b): Carrying Civil Aircraft Certification and Registration

Title 14 C.F.R. § 91.9(b)(2) and § 91.203(a) and (b) require the operator to carry 

airworthiness documents and other aircraft manuals onboard the aircraft.

Pursuant to 14 C.F.R. § 91.9(b)(2):

(b) No person may operate a U.S.-registered civil aircraft –

...

(2) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this 

chapter, unless there is available in the aircraft a current approved Airplane or 

Rotorcraft Flight Manual, approved manual material, markings, and placards, or any 

combination thereof.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it 

has within it the following:

(1) An appropriate and current airworthiness certificate...

(b) No person may operate a civil aircraft unless the airworthiness certificate required 

by paragraph (a) of this section or a special flight authorization issued under § 91.715 

is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

Given the small size and configuration of the UAS, it would be impossible to keep 

airworthiness documents and other aircraft manuals on board the UAS because there is simply no 

room and the UAS has no cabin or cockpit. 

In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared by 

Dean E. Griffith, Attorney, AGC-220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) 

and 91.203(a) and (b) is met if the pilot of the unmanned aircraft has access to the UAS flight 

manual, registration certificate, and other required documents from the ground control station 

from which he or she is operating the aircraft.9 As this FAA Office of Chief Counsel Opinion 

clarifies, the intent of the rule is to ensure the pilot has access to these key documents during 

flight. Therefore, an equivalent level of safety will be achieved by ensuring that the pilot has 

access to the documents at the ground control station from which he or she is piloting the UAS.10 

 

9 Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, Legislation and Regulation, to 

John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also Docket No. FAA-2014-0352 at 16-18.

10 See also Exemption No. 11213 to Aeryon Labs, Inc. at pg. 11:

The petitioner requested relief from 14 CFR § 91.9(b)(2): Civil aircraft flight manual, marking, and 

placard requirements and § 91.203(a) and (b): Civil aircraft: Certifications required. The FAA has 

{footnote continued}
 

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F. 91.103: Preflight Action

Petitioner seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become 

familiar with specific information before each flight, including information contained in the 

FAA-approved Flight Manual on board the aircraft. While the PIC will be familiar with all 

information necessary to safely conduct the flight, an exemption is requested to the extent that an 

FAA-approved Flight Manual is required.

Adherence to the requirements in the operating documents will ensure that the UAS is in 

an airworthy condition prior to flight. The PIC will perform a series of checklists designed to 

identify any defects or inoperable components, which cover pre-flight, take-off, landing and 

post-flight procedures. The PIC will also be required to review weather, flight requirements, 

battery charge, landing and takeoff distance, UA performance data, and contingency landing 

areas—before initiation of flight. Petitioner's operating documents will be kept at the ground 

control station and will be accessible to the PIC at all times while operating the UAS.

G. 91.109(a): Flight Instruction

Petitioner seeks an exemption from 14 C.F.R. § 91.109(a), which provides in pertinent 

part that "[n]o person may operate a civil aircraft (except a manned free balloon) that is being 

used for flight instruction unless that aircraft has fully functioning dual controls." UAS and 

remotely piloted aircraft, by their design, do not have functional dual controls. Instead, flight 

control is accomplished through the use of a device that communicates with the aircraft via radio 

communications. Accordingly, an exemption will be required for the flight instruction 

requirements of 14 C.F.R. § 91.109(a). 

Given the size and speed of the UAS that Petitioner intends to use, an equivalent level of 

safe training can still be achieved without dual controls because no pilot or passengers are aboard 

the UAS, and as required by the operating documents, all persons will be a safe distance away in 

the event that the UAS experiences any difficulties during flight instruction. Moreover, all flight 

training will be conducted in a controlled and sterile environment. As a whole, the procedures 

provided for in the operating documents ensure that UAS flight instruction can be performed 

safely.

 

{continued from previous page}

previously determined that relief from these sections is not necessary. See Exemption No. 11062. 

Relevant materials may be kept in a location accessible to the PIC in compliance with the regulations.
 

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H. 91.119(c): Minimum Safe Altitudes Over Other Than Congested Areas

USA requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 

91.119(c).11 Section 91.119 prescribes the minimum safe altitudes under which aircraft may not 

operate, including 500 feet above the surface and away from any person, vessel, vehicle, or 

structure in non-congested areas. See 14 C.F.R. § 91.119(c). 

An exemption is required because the proposed UAS operations will normally need to 

occur below 400 feet AGL. Additionally, due to the nature of the proposed operations, the PIC 

and/or Observers may need to be less than 500 feet away from the UAS. Compared to flight 

operations with rotorcraft weighing far more than the maximum weights proposed herein, and 

given the lack of flammable fuel with the UAS, any risk associated with these operations is far 

less than those that presently exist with conventional aircraft. 

An equivalent level of safety will be achieved given the size, weight, and speed of the 

UAS, as well the controlled location where the operations will occur. In order to avoid any risk 

to manned aircraft, flight operations will be restricted to below 400 feet AGL. As set forth in the 

operating documents, the UAS will be operated in a controlled environment, and all flights will 

occur at a lateral distance of at least 500 feet from nonparticipating persons, unless that person is 

in a position where he or she is shielded from the UAS and any possible debris resulting from 

UAS failure. Procedures will be in place to ensure flight operations can be safely terminated if a 

nonparticipating person within 500 feet of the UAS leaves a shielded position. Further, UAS 

operations will occur at least 500 feet away from vehicles or structures unless the property 

owner/controller has granted permission and the PIC has made a safety assessment of the risk of 

operating closer to those objects, and operations near the PIC or Observer will not present an 

undue hazard per § 91.119(a). Adherence to these restrictions in USA's operating documents will 

ensure the proposed operations can be conducted without compromising safety to persons or 

property on the ground. 

I. 91.121: Altimeter Settings

To the extent necessary for USA to conduct the proposed operations, Petitioner requests 

an exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to maintain 

cruising altitude or flight level by reference to an altimeter that is set to the elevation of the 

departure airport or barometric pressure. 

 

11 Relief from § 91.119(a) will not be necessary because Petitioner will be able to perform an emergency 

landing without undue hazard to persons or property on the ground in the event of a failure. Petitioner's proposed 

UAS operations will not occur over congested areas, and therefore an exemption from § 91.119(b) will not be 

necessary. See e.g., Grant of Exemption No. 11157 to Slugwear, Inc., dba Likeonatree Aerial at pg. 15 (Docket No. 

FAA-2014-0534 ).
 

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The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. § 

91.121 can be achieved in circumstances where: (1) the UAS will be operated 400 feet AGL or 

below, (2) within VLOS, (3) where GPS based altitude information is relayed in real time to the 

operator at a ground-based on-screen display and, (4) where prior to each flight, a zero altitude 

initiation point is established for the PIC to confirm accuracy of the onboard GPS.

The UAS that Petitioner intends to use for performing the proposed operations meet all 

these operational characteristics. Moreover, the operating documents require the PIC to calibrate 

the aircraft's GPS compass prior to each flight operation. As the FAA has determined in 

circumstances similar to this Petition for Exemption, Petitioner's UAS and the safety mitigation 

procedures contained in the operating documents, ensure that an equivalent level of safety will 

be achieved, and a grant of exemption to the requirements of § 191.121 is therefore appropriate.

J. 91.151(a): Fuel Requirements for Flight in VFR Conditions

USA requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in 

Visual Flight Rules (VFR) conditions. Section 91.151 states:

(a) No person may begin a flight in an airplane under VFR conditions unless 

(considering wind and forecast weather conditions) there is enough fuel to fly to the 

first point of intended landing and, assuming normal cruising speed –

(1) During the day, to fly after that for at least 30 minutes; or

(2) At night, to fly after that for at least 45 minutes.

Here, the technological limitations on UAS battery power means that no meaningful 

flight operations can be conducted while still maintaining a 30-minute battery reserve. An 

exemption from the fuel requirements of 14 C.F.R. § 91.151(a) is therefore required. 

The FAA has previously granted relief from the fuel requirements of § 91.151(a) for 

flight in daytime VFR conditions in circumstances similar to those presented in this Petition for 

Exemption.12 In Exemption No. 11213 to Aeryon Labs, Inc.13, the FAA determined that a 

requirement prohibiting the PIC from beginning a UAS flight unless (considering wind and 

forecast weather conditions) there was enough available power for UAS to operate for the 

intended operational time and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater, would ensure an equivalent level of safety 

to the fuel requirements of § 91.151(a).14 Petitioner's operating documents impose this same 

 

12 See e.g., Exemption Nos. 8811, 10808, and 10673.

13 Docket No. FAA-2014-0642.

14 Exemption No. 11213 at pg. 12.
 

U.S. Department of Transportation

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requirement and an exemption from § 91.151(a)'s fuel requirements for flight in VFR conditions 

is therefore appropriate. 

VI. DRUG AND ALCOHOL PROGRAM

USA has established policies to ensure that no person may participate in UAS flight 

operations if they are under the influence of alcohol or any drug. 

VII. PUBLIC INTEREST

The public interest will be served by granting USA's Petition for Exemption. Congress 

has established a national policy that favors early integration of UAS into the National Air Space 

(NAS) in controlled, safe working environments such as those proposed in this Petition. Granting 

this Petition for Exemption helps fulfill Congress' goal in passing Section 333(a) through (c) of 

the Reform Act—the FAA Administrator's assessment of whether certain UAS may operate 

safely in the NAS before completion of the statutorily required rulemaking. 

The proposed UAS operations in this Petition for Exemption significantly improve safety 

and reduce risk by alleviating the public's exposure to danger associated with traditional aerial 

data collection methods, namely, full size fixed-wing aircraft and rotorcraft. The UAS that USA

intends to use are light weight, are battery powered, and create no emissions. Moreover, in the 

unlikely event that one of Petitioner's UAS crash, there is no fuel to ignite and explode. Any 

accident involving Petitioner's small lightweight UAS will present significantly less danger to 

the pilot and other individuals on the ground than one involving a full size helicopter. 

VIII. PRIVACY

The proposed operations will be conducted in accordance with applicable federal, state, 

or local laws regarding privacy. USA will not conduct flight operations over property that it does 

not own or control without the prior consent and knowledge of the property owner. 

IX. FEDERAL REGISTER SUMMARY

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the

FEDERAL REGISTER, should it be determined that publication is needed:

Petitioner seeks an exemption from the following rules in Title 14 of the Code of Federal 

Regulations:

45.23(b); 45.27(a); 61.23(a) and (c); 61.113; 61.101(e)(4) and (5); 61.315; 91.7(a); 

91.9(b)(2); 91.9(c); 91.103; 91.109(a); 91.119(b); 91.121; 91.151(a); 91.203 (a) & (b); 

91.405(a); 91.407(a)(1); 91.409(a)(1) & (2); 91.417 (a) & (b). 

The exemption will enhance safety by reducing risk to the general public and property 

owners from the substantial hazards associated with using conventional fixed-wing aircraft or 

rotorcraft for aerial data collection.
 

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X. CONCLUSION

The proposed operations in this Petition for Exemption satisfy the criteria articulated in 

Section 333 of the Reform Act and the FAA has issued grants of exemption in circumstances 

similar in all respects to those presented by USA in this Petition for Exemption. In consideration 

of the foregoing, this Petition for Exemption provides the FAA with all the necessary 

justification for granting the requested exemptions allowing USA to operate unmanned aircraft 

for the purpose of aerial data collection.

 

We thank you for your prompt consideration of our requested exemptions. Should you 

have any questions, or if you need additional information to support the requested exemptions, 

please do not hesitate to contact us.

Very Truly Yours, 

Mark E. McKinnon

Counsel for University of South Alabama

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